Minutes-05/12/1982

Motion Rohret second Brown to deny request by Nancy Wagner for building permit to remove a hitch and wheels from a trailer and place it on a permanent foundation on lot no. 23 Summerhays Addition because the lot is zoned R-1 and Zoning Ordinance No. 1979-83 prohibits trailers in R-1 districts. Carried unanimously. Nancy Wagner will request Board of Adjustment to grant a variance to Ordinance No. 1979-83 to allow her to place a trailer on a permanent foundation on lot no. 23 Summerhays Addition. Attorney advised Mrs. Wagner that Board of Adjustment is required to take intent of the ordinance into consideration and act accordingly. Council directed Clerk to write letter to Mike Colleran, Chairman of the Board of Adjustment, and invite him to attend the next council meeting. Council received complaints about semi trailer trucks parking on city streets. Spivey reported that Johnson County Sheriff's Department will not write tickets because offense is not prohibited by any city ordinance. Attorney advised that Ordinance No. 78 would cover the offense of parking on the traveled portion of the roadway. Sheriff's Dept. cannot enforce load limit because limits are not in ordinance form. Attorney will check to see if State Code of Iowa allows cities to post load limits. All north-south streets are posted with a five ton limit. Council received complaints about open burning. Council directed Johnson County Sheriff's Department to enforce Ordinance No. 1980-90 prohibiting open burning by issuing a citation if specific complaints are received. Motion Rohret second Spivey to appoint Jim Neuzil, II to fill unexpired term on the Board of Adjustment, term expiring September of 1984. Carried unanimously. Council discussed items in City Code and gave the following directives: Amend Ordinance Nos. 20 and 22, Repeal Ordinance Nos. 14, 25, 26, 94 and section 10 of no. 79. Action will be taken at the next meeting. Motion Rohret second Spivey to give city attorney authority to begin proceedings to issue an injunction on June 1, 1982 restraining John Schneider from operating the Ice Cream Store if parking lot and driveway are not paved according to Ordinance No. 1979-83. Carried unanimously. Engineer Kammerer gave conservative estimate of $6,000.00 to extend 6" water main from intersection of highway no. 6 and Roberts Ferry Road approximately 200 feet to place a fire hydrant in front of the high school in highway no. 6. Could reduce cost by using pvc pipe. Spivey asked about placing a hydrant on the existing 4" main that runs into the high school. Engineer does not recommend doing this. Rohret and Stevens felt that city could not afford to do project alone. Cox and Brown will talk with the school board and see if they will share the cost. Attorney explained that in April of 1982 Louis Voparil filed an amendment to lawsuit charging that the City Council discriminated against him by failing to amend Zoning Ordinance to allow him to build an apartment building on lot no. 5 of the Sadler Subdivision. The